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  • Not cooperating on OTS

    Hi Community,

    Just a quick question, am in the process of finalizing OTS,one of the sticking points is she doesn't want to go to mediation if there is a disagreement over decision making, she is not providing an alternative.

    This morning she informed me her lawyer will not be be participating in the OTS negotiations; lawyer confirmed this.

    We have already attended 3 case conference meetings and the last time the judge stated that we have to prepare for trial management.

    I want to know what my options are moving forward considering she is not invested in completing the OTS.

    Thank you

  • #2
    Not cooperating on OTS

    She doesnt have to complete an offer to settle. You can provide an offer to settle and let her reject it. The OTS is basically insurance against costs.

    I would also caution against using something a judge would not order. For instance, what about a parenting coordinator instead of mediation? Or choosing one parent to make certain decisions with the other getting the rest (ie. You decide education, she decides health care). Something a judge would be likely to order.

    I will also caution against getting stuck on one thing that prevents settlement. If you insist on going to trial because she refuses to have mediation the agreement and that is the ONLY thing she disagrees to then you run the risk of losing.

    Perspective is everything. Control is not.

    Frankly this is stupidity on her part and truly her lawyer doesnt GAF because he still gets paid.

    Send your offer and keep full documentation of her refusal to accept it and move forward to trial management.


    Sent from my iPhone using Tapatalk

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